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Securities to contain certain conditions.
In case of deviation from original plan or specification, commissioners may suspend advances;
and shall report to the Treasury, who may authorise commissioners to avoid any agreement.
Commissioners with consent of Treasury may permit any deviation on good cause shown.
Memorandum of deviation to be made on security, and new plan or specification made, &c.
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19. Every such writing obligatory or security shall contain a clause or condition binding the person or persons, body or bodies politic or corporate, or company or companies, to whom any advance shall from time to time be made under authority of this Act, to apply the monies so advanced to and for the purposes specified in the application, plan, and specification delivered pursuant to the provisions herein-before contained, and to no other purpose whatsoever; and also well and truly to account to the said commissioners for the execution of this Act, in such manner as they may be directed by the Treasury, for the employment, expenditure, and disbursement of the monies so advanced; and also to lay before such commissioners, whensoever and so often as may be required, a statement or report of the progress of the works begun and then going on, and also of such further sums as may be necessary for the completion of such works; and also, if so required, to lay before the said commissioners, as well during the progress as at the completion thereof, all such contracts and agreements as may have been entered into by the said person or persons, body or bodies corporate or politic, company or companies, for the execution of the works for which such money shall be or have been advanced; and also to permit, at all such times as such commissioners shall desire, the inspection by such commissioners, or any person or persons duly authorized by them for that purpose, of all the works, papers, contracts, agreements, and accounts thereunto belonging; and if it shall at any time appear to the said commissioners that the person or persons, body or bodies politic or corporate, company or companies, to whom any such advance may have been made or agreed to be made, have deviated or are proceeding to deviate from the original plan or specification delivered as aforesaid by such person or persons, body or bodies politic or corporate, company or companies, to such commissioners, and whereon it may have been agreed upon to make such advance, then and in such case it shall and may be lawful for such commissioners, at their discretion, to suspend or discontinue making any advance for the completion of such work or works, any agreement, stipulation, or contract made by such commissioners, with any such person or persons, body or bodies politic or corporate, company or companies, to the contrary notwithstanding; and such commissioners shall forthwith report to the Treasury such deviations or designed deviation, and the suspension or discontinuance of such advance; and thereupon the Treasury shall take such report into their consideration, and make such order concerning the same as shall to them seem fit and meet, and shall, upon being satisfied of such deviation having being made or intended to be made, have power and authority, at their discretion, to wholly avoid any contract, agreement, or stipulation made by the commissioners for the execution of this Act with any such person or persons, body or bodies politic or corporate, company or companies, and to absolve such commissioners therefrom, and the same shall thereupon become utterly null and void as against such commissioners: Provided always, that it shall and may be lawful nevertheless to put in suit such writing obligatory entered into as herein-before directed; and provided always, that if at any time it shall be made to appear to the satisfaction of such commissioners that there are good and sufficient grounds and reasons to warrant or recommend a deviation from such original plan or specification, then and in such case it shall and may be lawful for such commissioners, with the consent and approbation of the Treasury, to allow and permit of any alteration in such original plan or specification, as to such commissioners for the execution of this Act shall seem proper; and a memorandum of such deviation shall be made upon such writing obligatory to our lord the King as has been herein-before directed to be entered into, and the same shall be taken as part of such writing obligatory, and taken and construed therewith; and, if necessary, a new plan or specification shall be made, and the same shall be taken in lieu of the former plan and specification, or annexed thereto, and be to all intents and purposes alike valid, obligatory, directory, and descriptive of the work or works to be executed as the original plan or specification, and so of any further or other deviation which may be at any time permitted and sanctioned in manner aforesaid.
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